DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Before commencing a proceeding in the nature of mandamus, it is necessary to make a demand and await a refusal. The Statute of Limitations begins to run on the date of the refusal and expires four months thereafter. The period in which action is required to be taken cannot be indefinitely extended by delaying the demand. An allegedly aggrieved party who does not proceed promptly and make a formal demand may be charged with laches (see, Austin v. Board of Higher Educ. of City of N.Y., 5 N.Y.2d 430, 442; Matter of Civil Serv. Empls. Assn. v. Board of Educ., Patchogue-Medford Union Free School Dist., 239 A.D.2d 415, 416).
There is no evidence that the petitioners formally demanded appeals of their unsatisfactory ratings in accordance with Board of Education By-Law 5.3.4A. In any event, even if the petitioners made formal demands, their delay in bringing this proceeding was so extensive that it is barred by the doctrine of laches. Therefore, the Supreme Court properly denied the petition and dismissed the proceeding.
The petitioners' remaining contentions are without merit.
SANTUCCI, J.P., ALTMAN, LUCIANO and H. MILLER, JJ., concur.